The execution on real estate is carried out by annotating the execution in the land register, determining the value of the real estate, selling the real estate, and satisfying the execution creditor from the amount obtained from the sale.
As soon as the court issues an execution order, it will, ex officio, instruct that the execution be annotated in the land register. Through this annotation, the execution creditor acquires the right to satisfy their claim from the real estate (right to satisfaction). Any person who acquires certain rights over the real estate after the annotation of the execution must tolerate the priority enforcement of the right to satisfaction obtained by the execution creditor through that annotation.
The change of ownership of the real estate during the enforcement proceedings does not prevent the continuation of the proceedings against the new owner as the debtor, up to the value of the real estate. After the annotation of the execution in the land registers, a separate enforcement procedure for the satisfaction of another claim by the same or another execution creditor cannot be conducted on that real estate.
An execution creditor, for whose claim enforcement was later determined on the same real estate, enters an already initiated enforcement procedure. In the enforcement proceedings on real estate, secured creditors who have not proposed enforcement in accordance with the rules determining the order of priority in the satisfaction of their claims are also satisfied.
The determination of the value of real estate will be initiated after the execution order becomes enforceable, but also before that if the execution creditor proposes it, secures the necessary funds in advance, and declares that they will bear the costs of determining the value even if the enforcement is suspended. The value of the real estate is determined based on the expert appraisal and other facts at the market price on the day of the appraisal. When determining the value of real estate, consideration will also be given to how much it is worth less due to the fact that certain rights remain on it after the sale.
Based on the Judgment of the Municipal Court in Mostar No. 58 0 P 091696 11 P from March 12th, 2021, the creditor filed a proposal for execution for a debt amounting to 29.337,45 KM. The Municipal Court in Mostar, based on the proposal, issued an Execution Order on August 15th, 2023, in case No. 58 0 I 272928 23 I. The mentioned Execution Debtor filed an objection, which was rejected by the Decision of the Municipal Court in Mostar on September 13, 2023.
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